Weathers v. State, No. 24271
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | PER CURIAM; FINNEY |
| Citation | 459 S.E.2d 838,319 S.C. 59 |
| Parties | Joe Henry WEATHERS, Petitioner, v. STATE of South Carolina, Respondent. |
| Decision Date | 09 August 1995 |
| Docket Number | No. 24271 |
Page 838
v.
STATE of South Carolina, Respondent.
Decided July 3, 1995.
Rehearing Denied Aug. 9, 1995.
[319 S.C. 60] Deputy Chief Atty. Joseph L. Savitz, III, S.C. Office of Appellate Defense, Columbia, for petitioner.
Atty. Gen. T. Travis Medlock, Deputy Atty. Gen. J. Emory Smith, Jr., and Asst. Attys. Gen. Teresa Nesbitt Cosby and Teresa A. Knox, Columbia, for respondent.
Page 839
PER CURIAM:
Petitioner pled guilty to obtaining a controlled substance by forgery, conspiracy to obtain a controlled substance by forgery, attempt to obtain a controlled substance by fraud and obtaining a controlled substance by fraud. No direct appeal was taken. After a hearing, the post-conviction relief (PCR) judge granted petitioner a review of any direct appeal issues, ordered a new trial on the charge of obtaining a controlled substance by fraud, and denied the remaining allegations of the PCR application. We grant the petition for a writ [319 S.C. 61] of certiorari, affirm the order of the PCR judge, and affirm petitioner's convictions.
According to petitioner's PCR testimony, counsel never informed him of his right to a direct appeal. However, he testified that he asked counsel to file an appeal for him several days after he began his incarceration. Counsel testified at the PCR hearing that she did not inform petitioner of his right to appeal from the guilty plea and that petitioner never asked her to appeal the matter. The PCR judge, after holding that there is no requirement that a defendant be informed of the right to a direct appeal absent extraordinary circumstances, went on to find that, in this case, petitioner did not knowingly and intelligently waive his right to a direct appeal. Although it is not clear from the order, the PCR judge apparently found petitioner's testimony that he had inquired about an appeal to be credible and, therefore, found an extraordinary circumstance which would require counsel to inform petitioner of his appellate rights.
This Court has never addressed the issue of whether a defendant must be advised of the right to appeal following a guilty plea. We now adopt the holding of the majority of courts that, absent extraordinary circumstances, there is no constitutional requirement that a defendant be informed of the right to a direct appeal from a guilty plea. See Laycock v. New Mexico, 880 F.2d...
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State v. McAteer, No. 2795.
...to the contrary, the regularity and legality of 333 S.C. 618 the proceedings in general sessions court is presumed. Weathers v. State, 319 S.C. 59, 459 S.E.2d 838 Validity of the Arrest The parties stipulated that McAteer was "peacefully detained" by Thompson. Such a detention constitutes a......
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Smith v. Warden, C/A No. 0:18-1442-RMG-PJG
...ineffective assistance for failing to inform Defendant of his right to a direct appeal from a guilty plea pursuant to Weathers v. State, 319 S.C. 59, 459 S.E.2d 838 (1995) after receiving the maximum twenty year sentence?4. Did the PCR Judge err in finding that Petitioner was not entitled t......
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Mayes v. Cartledge, Civil Action No. 6:14-4649-TMC-KFM
...is no constitutional requirement that a defendant be informed of the right to a direct appeal from a guilty plea." Weathers v. State, 459 S.E.2d 838, 839 (S.C. 1995). Here, the petitioner has failed to show any evidence that he demonstrated to his plea counsel that he had an interest in an ......
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Turner v. Warden, Livesay Corr. Inst., Civil Action No. 6:11-2692-RBH-KFM
...to advise the petitioner of his right to direct appeal in keeping with Roe v. Flores-Ortega, 528 U.S. 470 (2000) and Weathers v. State, 459 S.E.2d 838 (S.C. 1995). In its Order, the Supreme Court also allowed the petitioner to raise any other allegations withdrawn at the original PCR hearin......
-
State v. McAteer, No. 2795.
...to the contrary, the regularity and legality of 333 S.C. 618 the proceedings in general sessions court is presumed. Weathers v. State, 319 S.C. 59, 459 S.E.2d 838 Validity of the Arrest The parties stipulated that McAteer was "peacefully detained" by Thompson. Such a detention constitutes a......
-
Smith v. Warden, C/A No. 0:18-1442-RMG-PJG
...ineffective assistance for failing to inform Defendant of his right to a direct appeal from a guilty plea pursuant to Weathers v. State, 319 S.C. 59, 459 S.E.2d 838 (1995) after receiving the maximum twenty year sentence?4. Did the PCR Judge err in finding that Petitioner was not entitled t......
-
Mayes v. Cartledge, Civil Action No. 6:14-4649-TMC-KFM
...is no constitutional requirement that a defendant be informed of the right to a direct appeal from a guilty plea." Weathers v. State, 459 S.E.2d 838, 839 (S.C. 1995). Here, the petitioner has failed to show any evidence that he demonstrated to his plea counsel that he had an interest in an ......
-
Turner v. Warden, Livesay Corr. Inst., Civil Action No. 6:11-2692-RBH-KFM
...to advise the petitioner of his right to direct appeal in keeping with Roe v. Flores-Ortega, 528 U.S. 470 (2000) and Weathers v. State, 459 S.E.2d 838 (S.C. 1995). In its Order, the Supreme Court also allowed the petitioner to raise any other allegations withdrawn at the original PCR hearin......